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Terms and Conditions of Use
1. These terms and conditions of use apply to the WheretoWee Inc. website located at www.wheretowee.com (“the site”), and any other associated or affiliated sites linked to the site (“the associated sites”), and the downloadable application software for use on a mobile device (“the app”). These terms and conditions of use constitute the legal agreement between you and Wheretowee Inc. and its subsidiaries, affiliates, agents, and assigns. By using the site, the associated sites, or the software of Wheretowee Inc., you acknowledge that you have read, understood and agree to abide by and comply with all of the terms, conditions and notices contained or referenced by these terms and conditions of use. You further agree to be governed by any additional terms or conditions that might apply to you arising out of your use of the site, the associated sites or the app, including any applicable laws, by way of common law, statutory or otherwise. If you do not agree with the terms and conditions of use, do not use the site, the associated sites or the app.
Wheretowee Inc. reserves the right to, at its sole discretion, change, modify, add or remove portions of these terms and conditions of use, at any time. Your continued use of the site, the associated sites or the app will confirm your acceptance and agreement to any such changes or modifications.
2. All text, graphics, user interface, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (hereinafter collectively referred to as “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the site, the associated sites or the app, is owned, controlled or licensed by or to Wheretowee Inc., and is protected by copyright and trademark laws, and various other intellectual property laws as may be applicable.
Except as expressly provided in these terms and conditions of use, no part of the site, the associated sites or the app may be copied, reproduced, republished, downloaded, posted, publically displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or any other medium for publication or distribution or for any other commercial enterprise, without the express written consent of Wheretowee Inc.
Use of the Site, the Associated Sites and the App
3. You agree not to use the site, the associated sites or the app for any purpose that is unlawful, immoral, or prohibited by these terms and conditions of use, or to solicit the performance of any illegal activity which infringes the rights of Wheretowee or others.
By posting, uploading, inputting, providing or submitting any materials to the site, the associated sites or the app, you are granting Wheretowee Inc. any necessary licenses and permission to use your submitted materials in connection with the site, the associated sites or the app, including without limitation, the rights to copy, duplicate, distribute, transmit, publically display, reproduce, edit, translate, or reformat your submitted material, and to publish your name and any contact information you approve of in connection with your submitted material. No compensation will be paid with respect to any submitted material and Wheretowee Inc. is under no obligation to post or use any submitted material. Wheretowee Inc. may remove any submitted material at any time in its sole discretion. By posting, uploading, inputting, providing or submitting your material you warrant and represent that you own or otherwise control all of the rights to your material as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the material.
You may not use the site, the associated sites, or the app in any manner which could damage, disable, overburden or impair the site, the associated sites or the app. You may not attempt to gain unauthorized access to the site, the associated sites or the app or any other service, software, other accounts, computer systems or networks, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to your through the site, the associated sites or the app.
You agree not to post, upload, input, provide or submit any materials that may defame, abuse, harass, embarrass, stalk, or threaten others, or that may be deemed inappropriate, profane, defamatory, obscene, indecent or that may otherwise violate any applicable laws, statutes, regulations or rules.
4. Unless otherwise specifically permitted by Wheretowee Inc., the services provided by the site, the associated sites or the app are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivate works from, transfer or sell any information, software, products or services obtained from the site, the associated sites or the app.
Disclaimer of Warranties
6. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED ON THE SITE, THE ASSOCIATED SITES, OR THE APP IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WHERETOWEE INC. HAS MADE REASONABLE EFFEORTS TO PROVIDE CURRENT AND ACCURATE INFORMATION, HOWEVER WHERETOWEE INC. ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED. UNDER NO CIRCUMSTANCES WILL WHERETOWEE INC. BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, THE ASSOCIATED SITES, OR THE APP. USE OF ANY SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
7. IN NO EVENT SHALL WHERETOWEE INC. BE LIABLE TO YOU FOR ANY GENERAL, CONSEQUENTIAL, INDIRECT, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES, WHETHER BY TORT, CONTRACT OR EQUITY, AND INCLUDING ANY CLAIM FOR LOSS OF PROFITS, INCOME, DATA, BUSINESS INTERRUPTION, OR ARISING OUT OF YOUR INABILITY TO USE THE SITE, THE ASSOCIATED SITES OR THE APP.
ANY EXPRESSION OF OPINIONS, COMMENTS OR STATEMENTS PROVIDED, POSTED OR UPLOADED BY THIRD PARTIES TO THE SITE, THE ASSOCIATED SITES OR THE APP ARE NOT THE OPINIONS, COMMENTS OR STATEMENTS OF WHERETOWEE INC. OR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR AGENTS. WHERETOWEE INC. AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE IN REGARD TO ANY SUCH THIRD PARTY OPINIONS, COMMENTS OR STATEMENTS.
IF, NOTHWITHSTANDING THE OTHER PROVISIONS OF THE TERMS AND CONDITIONS OF USE, WHERETOWEE INC. IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, THE ASSOCIATED SITES OR THE APP, WHERETOWEE INC.’S LIABILITY SHALL IN NO EVENT EXCEED THE COSTS OR FEES PAID IN ORDER TO RECEIVE INFORMATION OR ACCESS TO THE SITE, THE ASSOCIATED SITES OR THE APP.
8. You agree to indemnify and hold Wheretowee Inc. and its officers, directors, shareholders, predecessors, successors, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including full solicitor and clients costs) made against Wheretowee Inc. or its officers, directors, shareholders, predecessors, successors, employees, agents, subsidiaries and affiliates by any third party due to or arising out of or in connection with your use of the site, the associated sites, or the app.
Violation of Terms and Conditions of Use
9. If the site, the associated sites, or the app are used in a manner in which Wheretowee Inc., in its sole discretion, deems to violate these terms and conditions of use, Wheretowee Inc. or any of its agents may take any reasonable actions they deem appropriate in response. Such actions may include, but is not limited to, temporary or permanent removal of content, filtering of transmissions, immediate suspension or termination of your access to the site, the associated site or the app and blocking your future access.
Wheretowee Inc. reserves the right to investigate suspected violations of these terms and conditions of use. You hereby authorize Wheretowee Inc. to cooperate with law enforcement authorities in any investigation of suspected criminal violations and system administrators at any Internet service providers, networks, or computing facilities in order to enforce these terms and conditions of use and as part of any investigation concerning any violation of same or to permit Wheretowee Inc. to defend itself in any dispute, court or tribunal proceeding.
Notwithstanding the foregoing, Wheretowee Inc. reserves the right in its sole discretion to terminate your access to the site, the associated sites or the app or any other services or portion thereof, for any reason without notice.
10. You agree that all matters relating to your access to and use of the site, the associated sites or the app, including any legal disputes regarding same, shall be governed by the laws of the Province of Manitoba, Canada and you agree to attorn to the jurisdiction of the Courts of Manitoba, Canada in regard to any such legal disputes.
11. The site, the associated site and the app may contain links to other independent third-party web-sites. Such third-party sites are provided solely as a convenience to our visitors and users and are not under Wheretowee Inc’s control. Wheretowee Inc. is not responsible for and does not endorse the content of any such third party site, including any information or materials contained on such third-party sites.
12. The provisions of these terms and conditions of use are severable, and if any of its provisions are adjudged invalid, illegal, unenforceable or void, all of the other provisions of this Agreement shall remain valid and enforceable.
13. Any notices, communications, or demands under these terms and conditions of use, shall be in writing and shall be delivered or sent by registered mail to the address specified below:
45 Kingston Row